'Near relative' category in organ donation law to expand

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The government is planning to expand the definition of 'near relatives' category in the Human Organs and Tissues Transplantation Act, by including step-parents, step-siblings and extended family members.

In a move that is likely to benefit people awaiting organ donation, the health ministry has put out a circular for amendment in the Human Organs and Tissues Transplantation Act 1994, as amended in 2011, to widen the definition of 'near relatives'. It has sought comments from the public till September 25.

A senior health ministry official said that expanding the definition of the term would increase the availability of living donors in the country. Initially, spouses, sons, daughters, fathers, mothers, brothers and sisters were defined as 'near relatives' and could legally donate organs.

The government amended the Act in 2011 when grandfather, grandmother, grandson or granddaughter were included in the definition of 'near relatives'.

The draft amendment observes that the 2011 expansion of the definition of 'near relatives' has not led to any significant increase in the availability of living donors "as grandparents are either too old to donate or can't donate due to some adverse medical condition".

"And grandchildren are usually too young to donate organs," the draft amendment reads. "Thus, the demand for organs outweighs their supply," it adds.

According to the circular, the ministry has been receiving a number of grievances concerning the Transplantation of Human Organs and Tissues Act, 1994, of which majority are requests for organs due to non-availability of 'near relative' donors or blood group mismatch with the near relative.